Category: Media

Nasty Gal Barred From Running Ad Featuring Thin Model

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Taylor Swift Votes The GOP

downloadIf John Kerry was swift boated in 2004, the GOP appears to be Swift voted in 2016. In a measure of the power of celebrity status in our culture, Taylor Swift has reportedly caused a massive registration after she endorsed Tennessee Democrats.  For the GOP hoping for a “Brett bounce” of Republicans going to the polls (with money pouring in for both  parties after the Kavanaugh confirmation), Swift appears to have blunted the impact, particularly in Tennessee, with a single posting on Instagram. We remain a celebrity driven society.

 

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“I’m Just Glad We Ruined Brett Kavanaugh’s Life”: Colbert Writer Tweets Out A Celebration Of The Politics Of Personal Destruction

As discussed today, the Kavanaugh nomination unleashed a form of primordial politics that seemed to reach horrifying levels on both sides of personal destruction and no holds barred attacks.  No sooner had that column run in the Hill when Ariel Dumas, a writer for CBS’s “The Late Show with Stephen Colbert,” declared that “Whatever happens, I’m just glad we ruined Brett Kavanaugh’s life.”  It summed up in a Tweet that vicious character of our politics and discourse. Continue reading ““I’m Just Glad We Ruined Brett Kavanaugh’s Life”: Colbert Writer Tweets Out A Celebration Of The Politics Of Personal Destruction”

“Horror Has A Face”: Primordial Politics and the Aftermath of the Kavanaugh Confirmation

Below is my column in The Hill newspaper on the aftermath of the Kavanaugh confirmation. It is not that there is no winner and loser as much as both Dr. Christine Blasey Ford and Judge Brett Kavanaugh are both winners and losers.

It will take time to decide which party will benefit, but there is clearly Brett bump for Republicans going into the midterms.  Yet, the confirmation will also continue to resonate Democratic voters.

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A Court Without A Center: Kagan Laments Loss Of Swing Justice

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John Paul Stevens: Don’t Confirm Brett Kavanaugh

As I have written previously, I have long been a huge admirer of former Supreme Court Associate Justice John Paul Stevens — not just for being a fellow Cubs fan.  However, I was surprised to see that Stevens broke a long-standing uwritten rule of former and current justices not to speak on pending nominations or confirmations. According to The Palm Beach Post, Stevens spoke publicly at an event with a retirement group that Kavanaugh should not be confirmed. The event was described as “closed” so it is not clear that Stevens realized that he would be quoted, but it was obviously a large crowd setting. Stevens said that the anger and language used by Kavanaugh raises serious questions of his temperament.   Continue reading “John Paul Stevens: Don’t Confirm Brett Kavanaugh”

California State University Dumps “Prospector Pete” As Offensive

prospector peteI have previously expressed my concerns over the removal of long-held mascots and names in colleges from “the Cowboys” to “Shooter the Fox” to the Aztecs to the “Fighting Sioux” to “Chief Illini.” Now, the California State University at Long Beach has decided to dump its mascot, “Prospector Pete,” because some students complained that a gold miner from the 49ers is  “offensive.” Continue reading “California State University Dumps “Prospector Pete” As Offensive”

Democrats Pledge To Revive A Cadaver Synod To Remove Justice Kavanaugh

downloadBelow is my column in The Hill newspaper on the growing pledges from House and Senate Democratic members to investigation and possibly impeach Brett Kavanaugh if he is confirmed this week.  It would constitute a dangerous and reckless precedent for Democrats to pursue with any new majority.

Here is the column: Continue reading “Democrats Pledge To Revive A Cadaver Synod To Remove Justice Kavanaugh”

Gallup: Hillary Clinton Remains More Unpopular Than Trump Two Years After The Election

Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziWhile Democratic politicians and groups continue to use Hillary Clinton as a matinee draw for fundraisers and campaign events, a new Gallup poll shows Clinton remains at record lows in the polls.  Indeed, she remains more unpopular than Donald Trump at 36%.   Trump has a 41% popularity.  It is a striking disconnect. Many of us were critical when the Democratic establishment (and virtually every Democratic member of Congress) all but guaranteed the nomination of Clinton despite every poll showing her to be unpopular and the voters seeking an anti-establishment choice.  Now, even after two years of book tours and speeches, Clinton is still distinctly unpopular but Democratic groups continue to make her the face of the Democratic campaign for the midterms.  It shows the hold of the Clintons on some in the Democratic ranks even though she is likely to continue to alienate many who are looking for an alternative this election.

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Definition of “Devil’s Triangle” Changed On Wikipedia To Make Kavanaugh’s Answer

As I discussed in yesterday’s earlier in a column, Sen. Sheldon Whitehouse (D., RI) going through the yearbook entries of Brett Kavanaugh was one of the most bizarre moments of confirmations in our history.  Whitehouse was attempting to undermine Kavanaugh’s account of not being a black out drunk or participating in sexual exploits at parties with his friends.  The hearing devolved into a discussed of the terms “boofing” and the “Devil’s Triangle.”  The terms are widely defined on the internet to mean anal sex and a threesome (with one male and two females).  Kavanaugh insisted that they meant farting and a drinking game.  That led many to question his veracity (I am thankfully ignorant of either term but I have come to realize that my high school and college years were monastic in comparison to most everyone else).  One person using a congressional computer however decided to try to add at least some support for Kavanaugh on the Internet by changing the definition on Wikipedia.  He or she only succeeded in causing a row that highlighted the controversy over Kavanaugh’s answers.

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The Kavanaugh Hearing Leaves Lingering Questions Over Representations Made To The Committee By Counsel

Yesterday’s Kavanaugh hearing left many questions on both sides, including the ultimate question of the alleged attempted rape of Dr. Christine Blasey Ford.  However, for lawyers, one exchange sticks out from a professional standpoint.  Ford was questioned why she delayed the hearing due to her alleged fear of flying and, more importantly, why she did not simply meet with committee staff in California.  Ford admitted that, while she does not like to fly, she does in fact routinely fly around the world, including frequent trips to nearby Delaware.  The most striking statement however was the suggestion that she was never told by counsel that she did not have to fly to Washington and the Committee was ready to fly to her — a prospect that she said she would have welcomed.  That left a lingering question of whether her counsel did not tell her of a material offer or whether she misrepresented the reason for her delay in speaking to the Committee.

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New Details Raise Serious Doubts Over The Credibility Of The Ford Polygraph

Leonarde_Keeler_1937.jpgThe passage of a polygraph by Christine Blasey Ford has been a key factor for many in believing her story — a fact cited by various members of Congress.  New details of the polygraph however have been released and some contradictions are being cited within Ford’s account. However, my main interest is the polygraph itself, which does not sound like any legitimate polygraph that I have encountered. I have handled a number of polygraph cases in my career and the description of these questions are nothing short of bizarre as a reliable test.

 

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Arizona Sex Crimes Prosecutor Hired To Question Ford and Kavanaugh

senate_large_sealThe Senate Judiciary Committee has announced the identity of the lawyer who will conduct the primary questions of both Dr. Christine Blasey Ford and Judge Brett Kavanaugh.  Rachel Mitchell, the sex crimes bureau chief for the Maricopa County Attorney’s Office in Phoenix, is someone with considerable experience in not such sex crimes but delayed sex crime prosecutions.  It is an unusual step for the Committee but not unprecedented.  Congress will hire outside counsel or allow counsel to question witnesses on some occasions, particularly at fact-finding stages.  I was hired a lead counsel to represent the United States House of Representatives in the successful challenge of the unilateral funding decisions of the Affordable Care Act by President Barack Obama. Continue reading “Arizona Sex Crimes Prosecutor Hired To Question Ford and Kavanaugh”

Insubordination Versus Obstruction: Has The New York Times Given Trump His Long-Sought License To Clean House At Justice?

Rod_Rosenstein_US_AttorneyBelow is my column in the Hill newspaper of the New York Times story alleging that Deputy Attorney General Rod Rosenstein spoke to this staff near the start of his tenure about secretly taping President Donald Trump and organizing a cabinet effort to oust Trump through the Twenty-Fifth Amendment.  Rosenstein denies the accuracy of the story and some have said that he discussed the possibility in jest.  The New York Times has responded by saying that it was clear that the comments were made seriously and not in jest.

It is still not clear what Trump will do despite many (including myself) arguing that he should not fire Rosenstein.  On Sunday, however, Trump told Geraldo Rivera that this was ultimately the fault of Attorney General Jeff Sessions (who selected Rosenstein) and that “we will make a determination” about what to do about the story.

Here is the column: Continue reading “Insubordination Versus Obstruction: Has The New York Times Given Trump His Long-Sought License To Clean House At Justice?”

And Then There Were Two: Another Woman Reportedly Has Come Forward To Accuse Kavanaugh

440px-Judge_Brett_KavanaughNews reports indicate that Democrats have been speaking with a second woman who is now prepared to accuse Judge Brett Kavanaugh of sexual assault.  The accuser is reportedly Deborah Ramirez, 53, and went to Yale at the same time as Kavanaugh.  She describes a bizarre scene of Kavanaugh exposing himself at a party in a dorm.  Ramirez admits that she was drunk and was previously uncertain if she could implicated Kavanaugh. Continue reading “And Then There Were Two: Another Woman Reportedly Has Come Forward To Accuse Kavanaugh”

Res ipsa loquitur – The thing itself speaks